PA. DEPT. OF TRANS. v. EVANS

No. 962 C.D. 1974.

20 Pa.Commw. 403 (1975)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. James J. Evans, Appellee.

Commonwealth Court of Pennsylvania.

July 23, 1975.


Attorney(s) appearing for the Case

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Clyde W. Waite, with him Sokolove & Stief, for appellee.

Argued March 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, July 23, 1975:

At approximately 1:25 A.M. on March 10, 1973, Officer Anthony Maniscola observed James J. Evans operating his motor vehicle without headlights and in a jerking type of motion. Officer Maniscola, who was fully uniformed and operating a marked police car, signaled Evans to a stop. Evans admitted to having been drinking, whereupon Officer Maniscola placed him under arrest...

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